Firestine v. Philadelphia & Reading Railway Co.
Superior Court of Pennsylvania
Appeal, No. 246, Oct. T., 1912, by defendant, from judgment of C. P. Lebanon Co., March T., 1911, No. 48, on verdict for plaintiff in case of Stephen Firestine and Permilla Firestine, his wife, v. Philadelphia & Reading Railway Company. Trespass to recover damages for injuries to a boy eight or nine years old. Before Henry, P. J. The circumstances of the accident are stated in the opinion of the Superior Court.
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Appeal, No. 246, Oct. T., 1912, by defendant, from judgment of C. P. Lebanon Co., March T., 1911, No. 48, on verdict for plaintiff in case of Stephen Firestine and Permilla Firestine, his wife, v. Philadelphia & Reading Railway Company. Trespass to recover damages for injuries to a boy eight or nine years old. Before Henry, P. J. The circumstances of the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,500. Defendant appealed. Errors assigned were refusal of binding instructions for defendant and refusal to strike out the testimony of Morris…
1Opinion of the Court
Opinion by
Henderson, J.,
■ The plaintiff's son, a boy between eight and nine years of age, was killed by a west-bound passenger train on the defendant’s road at a highway crossing about a mile east of the station in the city of Lebanon. The boy and his sister, about thirteen years of age, were going from the south side to the north side of the railroad. There were two main tracks, one used for east-bound and the other, west-bound business. A long freight train was moving eastwardly on the south track. As soon as it had passed the crossing the children started to go over the tracks. The boy was…
2Cases cited12 opinions
- Anspach v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1909
- Urias v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
- Knox v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1902
- Rottmund v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1909
- Childs v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1892
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3Cited by3 opinions
- Sebring v. Bell Telephone Co.Supreme Court of Pennsylvania · 1922
- Ginocchi v. Pittsburgh & Lake Erie RailroadSupreme Court of Pennsylvania · 1925
- Hook v. Bell Telephone Co. of Pa.Superior Court of Pennsylvania · 1922